As a workplace, construction sites are inherently filled with potential risks. The presence of heavy machinery, hazardous materials, and erections to enable working from heights all mean that construction workers encounter we day.
However, this does not mean that you should be expected to work in dangerous, unsafe conditions. Your employer and the site manager have a responsibility to keep you safe by following appropriate health and safety protocols to mitigate any risks that could occur.
If you have been involved in an accident on a building site that was not your fault, then our team of personal injury solicitors can hold those responsible to account and secure you a compensation settlement that you deserve.
Can you claim after an accident on a building site?
Yes, you can claim compensation if you have been involved in an accident on a building site that was not your fault.
Whether you are an employee, a contract worker or a self-employed worker, your employee or site manager must provide all individuals with a fully risk assessed workplace which includes the provision of proper safety equipment and training.
You will need to prove that the negligence of your employer or another individual resulted in your accident and resulting injury. Negligence includes failing to adhere to any applicable legislation such as:
- Manual Handling and Operations Regulations 1992 (MHOR)
- Provision and Use of Work Equipment Regulations 1998 (PUWER)
- Work at Height Regulations 2005
- Electricity at Work Regulations 1989
- Supply of Machinery (Safety) Regulations 2008
When you get in touch with our personal injury solicitors, we will assess your claim to be sure that you have a strong building site accident claims which involves investigating your workplace and gathering any evidence of legislation being broken.
You have either three years from the date of your injury to pursue a claim or you have three years from the date that you turn 18 if your injury occurred before your 18th birthday. Or, if you only discovered the cause of your injury at a later date, as is commonly the case with overlooked injuries such as loss of hearing in factory accident claims, you have three years to pursue a claim from the date you are made aware of the cause.
How much compensation for a construction site accident?
The compensation that you will be awarded for your construction site accident claim will be completely dependent on your circumstances. The more severe and disruptive your injury is, the larger your compensation will generally be.
The construction site accident claims compensation you are awarded is based on a combination of general and special damages.
General damages are decided based on the amount of pain and suffering you experienced. This can be physical pain and suffering resulting as a direct result of your injury, or mental and emotional pain and suffering from persistent trauma, anxiety around being out of work, or from having to live with the uncertainty of financial security after your injury.
Special damages are easier to calculate as they stem from any expenses that you have had to pay for since your injury. This includes medical bills, loss of income from being out of work, and the loss of a future earning capacity if you are unable to continue developing in your previous career.
Who is responsible for construction site accidents?
If you can prove that you were responsibly following all workplace safety guidelines as expressed by your employer then you likely cannot be found to be responsible for your accident.
Still, injury at work claims can be hard to pin down to just one individual. Usually there are many individuals carrying out different jobs in very close proximity on a construction site and it can be easy for a chain of events to occur that lead to a potential hazard.
That is why, when Brown Turner Ross are in charge of your construction site accident claim, we ensure that we perform a thorough investigation into workplace practices as they actually take place, not just how your employer claims that they take place.
These investigations include:
- Making an independent risk assessment and viewing any risk assessments performed by your employer
- Gathering statements from witnesses
- Viewing video or photographic evidence
- Assessing the scene of the accident and any equipment involved
Due to the responsibility that your employer has to keep you and other employees safe, it is important that their actions are compared with the up-to-date legislation from the HSE and other guidelines when determining responsibility.
Even if you were partially negligent yourself and this made your accident worse, you can still make a claim. In this case, the amount you contributed towards your injury would be deducted from your compensation sum.
Employers’ liability solicitors
At Brown Turner Ross, our solicitors are well-versed in managing claims against employers. Whether your claim is due to a personal injury or being sexually assaulted at work, our solicitors place their first priority in ensuring that you are safe, healthy and financially secure before putting their all into procuring you the compensation that you deserve.
Get in touch now for a consultation to start your claim.